Keisha Desselle v. Acadian Ambulance Service, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION

James Patrick Dore Alan J. Berteau
Kean, Miller Kean, Miller
P. O. Box 3513 P. O. Box 3513
Baton Rouge LA 70821 Baton Rouge LA 70821

REHEARING ACTION: December 11, 2012

Docket Number: 12 01244-CW

KEISHA DESSELLE, ET AL
VERSUS
ACADIAN AMBULANCE SERVICE, INC.

Writ Application from Avoyelles Parish Case No. 2010-5885

BEFORE JUDGES:

Hon. Jimmie C. Peters
Hon. Billy Howard Ezell
Hon. J. David Painter

As counsel of record in the captioned case, you are hereby notified that the ruling for

the application for rehearing filed by Acadian Ambulance Service, Inc. is

MOTION FOR CLARIFICATION AND/OR REHEARING AND REQUEST
FOR EXPEDITED CONSIDERATION GRANTED. We hereby grant Acadian
Ambulance Service, Inc.’s motion and modify our December 4, 2012, ruling
to state the following:

STAY DENIED.
WRIT GRANTED AND MADE PEREMPTORY. We find the trial court erred
in overruling Relator’s partial exception of res judicata. The July 27, 2012,
judgment entered in Mark S. Creech, et al. v. Acadian Ambulance Service,
Inc., settling the claims of the Creech Settlement Class, is a final judgment
that dismissed with prejudice the claims of putative class members who: (a)
were transported by Acadian Ambulance Service from January 1, 2004,
through August 14, 2005; (b) were insured by Blue Cross Blue Shield of
Louisiana; and (c) either directly or through a third party paid Acadian
Ambulance Service its “usual and customary charges,” in whole or in part, for
ambulance transport. We also find the July 27, 2012, final judgment
dismissed with prejudice the claims of putative class members who received
Covered Medical Services during the period from January 1, 1994, through
March 31, 2011, and directly and/or through their attorney and/or other
authorized agent paid Acadian for such Covered Medical Services from the

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

policyholder’s own funds, excluding therefrom liability insurance proceeds
and the proceeds of a settlement or judgment. To the extent such claimants
exist in the instant matter, we find the re-litigation of such claims is barred by
res judicata. La.R.S. 13:4231. We further find that no exceptional
circumstances exist to bar the application of res judicata. La.R.S. 13:4232.
Accordingly, we reverse the trial court’s ruling.

cc: Scott R. Bickford, Counsel for the Respondent
Donald Wayne McKnight, Counsel for the Respondent
Claude P. Devall, Counsel for the Respondent
Derrick G. Earles, Counsel for the Respondent
Lawrence J. Centola, III, Counsel for the Respondent
J. Lee Hoffoss, Jr., Counsel for the Respondent